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The CFTC has proposed a federal regulatory framework for crypto exchanges offering leveraged or margined spot digital-asset trading to retail customers, creating a new category called 'crypto asset market' as an alternative to state money-transmitter licensing. The move follows the Senate's failure to advance the CLARITY Act, which would have granted the CFTC broader spot market authority.
The U.S. Commodity Futures Trading Commission is proposing a new regulatory framework that could bring a portion of the country’s spot cryptocurrency market under federal supervision, targeting exchanges that offer leveraged or margined digital-asset trading to retail customers.
The proposal, unveiled Monday, would allow eligible crypto platforms to seek federal oversight from the CFTC rather than operating primarily through the patchwork of state money-transmitter licensing regimes that currently govern much of the industry.
The initiative comes just weeks after Congress failed to advance the CLARITY Act, a broader piece of legislation that would have established a more comprehensive regulatory framework for the roughly $2 trillion U.S. cryptocurrency market.
At the center of the proposal is a new class of federally regulated trading venues that the CFTC would call a “crypto asset market.”
The category would cover exchanges offering leveraged or margined spot crypto products to retail customers. Platforms falling under the framework would have to meet requirements designed to address market integrity and customer protection, including measures against market manipulation and obligations to demonstrate that they hold sufficient assets through proof-of-reserves requirements.
The CFTC also wants registered futures commission merchants to act as intermediaries for customer transactions conducted on these platforms.
The agency is not proposing a fixed ceiling on leverage. Instead, exchanges seeking to offer leveraged products would have to obtain clearance for those products from CFTC staff.
The proposal relies on the commission’s existing authority over margined or leveraged spot commodities, giving it a route into part of the spot crypto market without waiting for Congress to grant it broader jurisdiction.
The framework could give crypto exchanges a federal regulatory path that differs from the state-by-state licensing system they have largely faced in the spot market.
The CFTC has repeatedly sought greater authority over spot cryptocurrency markets, which have remained subject to regulatory uncertainty. While the commission has jurisdiction over certain leveraged and margined transactions, broader authority over the spot market would ultimately require congressional action.
CFTC Chairman Michael Selig said the proposal is intended to provide greater certainty for companies building financial products around digital assets.
“For years, entrepreneurs building on the new frontier of finance faced uncertainty about whether there was a place for them in our markets,” Selig said Monday at a Fordham University law school event in New York. “We are giving them an answer.”
The CFTC’s proposal arrives against the backdrop of a stalled effort in Congress to overhaul U.S. crypto regulation.
The CLARITY Act, which failed to advance in the Senate, included provisions that would have explicitly expanded the CFTC’s authority over spot digital-asset markets. Its failure left key questions over the division of regulatory responsibility between the CFTC and the Securities and Exchange Commission unresolved.
With legislation stalled, federal regulators have increasingly become the focus of the U.S. crypto industry’s push for clearer rules.
The SEC and CFTC now face pressure to establish a more predictable regulatory environment within their existing powers, particularly for businesses operating in areas that have remained difficult to classify under existing financial laws.
The proposed framework could provide crypto exchanges with a clearer federal route to market, but it does not resolve the broader legal questions surrounding U.S. digital-asset regulation.
Without congressional legislation, regulatory changes could remain exposed to shifts in political priorities and potential legal challenges, analysts have warned.
That leaves the CFTC’s proposal as a targeted intervention rather than a replacement for comprehensive crypto legislation. It addresses a specific segment of the market, leveraged and margined spot crypto trading, while the larger question of how the United States will regulate digital assets remains unresolved.
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